Latest Publications

Share:

US Supreme Court Upholds Broad, but Not Unfettered, Government Authority to Dismiss FCA Cases

DOJ may dismiss qui tam False Claims Act cases at any point, as long as it intervenes in the case and satisfies the deferential Federal Rule of Civil Procedure 41(a) standard. The US Supreme Court, in its 8-1 June 16,...more

Supreme Court Holds FCA Liability Hinges on Defendants’ Subjective Beliefs as to Falsity

The Court unanimously held that a defendant’s subjective belief is relevant to scienter under the False Claims Act, even when a defendant’s conduct is consistent with an objectively reasonable interpretation of the law....more

US Government Uses Receipt of PPP Funds to Create Piggyback Liability in FCA Case

Physician Partners of America’s settlement highlights significant risks facing False Claims Act defendants who received Paycheck Protection Program funds. An April 2022 US Department of Justice (DOJ) settlement suggests...more

US Government Proposes Climate-Related Requirements for Government Contractors

Major federal suppliers would need to perform certain climate-related actions, resulting in potential knock-on implications, expectations, and risks. Key Points: ..The federal government’s proposed regulations would...more

Seventh Circuit Deepens Circuit Split Over FCA Dismissal Authority

The Seventh Circuit has created a third standard for evaluating motions to dismiss pursuant to the government’s FCA dismissal authority. The US Court of Appeals for the Seventh Circuit’s August 17, 2020, opinion in United...more

Caring for the CARES Act: The New Oversight and Investigations Landscape for COVID-19 Relief Programs

Economic aid legislation will likely result in increased scrutiny of certain industries, similar to investigations that followed relief efforts in the 2008 financial crisis. Key Points: ..The CARES Act creates multiple...more

FAQs: Small Business Loans Under the CARES Act

US Congress set to make more than $350 billion available to eligible small business concerns. On March 27, 2020, President Donald J. Trump signed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The...more

11th Circuit: Difference in Opinion Not Enough for FCA Liability

The 11th Circuit’s long-awaited AseraCare opinion requires more than mere disagreement regarding clinical judgment to prove falsity under the False Claims Act. The 11th Circuit rejected the government’s theory of falsity...more

Private Equity Firm Faces FCA Liability for Portfolio Company’s Alleged Misconduct

DOJ’s intervention against PE firm defendant may signal increased exposure for PE firms under the False Claims Act. Earlier this year, the US Department of Justice (DOJ) sued a private equity (PE) firm in a False Claims...more

Tax Act Changes Deductibility of False Claims Act Payments

The new tax law limits the deductibility of False Claims Act settlements and requires that settlement agreements identify the deductible “restitution” amount. Settlements under the False Claims Act (FCA), which often...more

US Government Contractors Face New Cybersecurity Requirements

As of December 31, 2017, many United States government contractors face a new compliance requirement involving cybersecurity. This requirement will govern most new Department of Defense (DoD) contracts and, significantly,...more

New DoD Cybersecurity Requirements Go Into Effect

The DFARS final rule requires contractors to safeguard information systems and imposes investigation and reporting requirements in the case of cyber incidents. As of December 31, 2017, many United States government...more

12 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide